[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Rules and Regulations]
[Pages 18949-18958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10556]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD07-95-062]
RIN 2115-AA97
Safety/Security Zone Regulations; Savannah, GA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing safety and security zones to
protect life, property, and the environment during the 1996 Olympic
Yachting Competition. The anticipated concentration of spectator and
participant vessels associated with these races pose safety and
security concerns. These regulations are intended to provide security
for the Olympic participants and to insure safe navigation on the
waters surrounding the Olympic Village located on the Savannah River,
the two Olympic Marinas, the racing venues offshore, and the ferrying
of athletes and officials between Olympic Marina locations.
EFFECTIVE DATES: This rule is effective from July 4, 1996 until August
4, 1996.
ADDRESSES: Copies of documents referenced in this document are
available for inspection or copying from Marine Safety Office,
Savannah, 222 W. Ogelthorpe Avenue, Suite 402, Savannah, Georgia
between 9 a.m. and 3 p.m. EDT (Eastern Daylight Time), Monday through
Friday, except Federal holidays. A copy of the environmental assessment
is available from CEU Miami, 909 S.E. 1st Ave., Miami, Florida 33131.
FOR FURTHER INFORMATION CONTACT:
BMC P.M. Webber or LT L.L. Fagan, Project Officer for Captain of the
Port, Marine Safety Officer, Savannah at (912) 652-4353, between the
hours of 7:30 a.m. and 4 p.m. EDT, Monday through Friday, except
holidays.
SUPPLEMENTARY INFORMATION: Over 1100 athletes and coaches representing
over 80 countries, over 300 competition vessels, as well as
approximately 1,000 to 2,000 support and spectator vessels are expected
to arrive and participate in the festivities of the 1996 Olympic
yachting competition. To ensure the security of the athletes and to
ensure the safety of the large volume of recreational vessels expected
in the area, the Coast Guard is establishing these safety/security
zones to provide for the safety and security of the Olympic
participants and spectators.
Regulatory History
On January 3, 1996, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled ``Safety/Security Zone Regulations;
Savannah, GA'' (CGD 07-95-062) in the Federal Register (61 FR 136). Due
to requests, a public meeting, announced in the February 16, 1996
Federal Register (61 FR 6178), was held in Savannah by the Captain of
the Port Savannah on February 29, 1996 to gather comments on the
rulemaking. The meeting was attended by over 100 individuals. Twenty-
six people made comments during the meeting and 17 written comments
were submitted prior to closure of the comment period on March 4, 1996.
Copies of the comments and an audio tape of the meeting are available
for inspection or copying where indicated under ADDRESSES. The Coast
Guard published a related Notice of Proposed Rulemaking on October 10,
1995 (60 FR 53317), which proposed anchorage areas in the same general
area as the safety/security zones during the Olympic Yachting Event.
The final rule on the anchorage areas is published elsewhere in today's
Federal Register.
Discussion of Comments and Changes
The Coast Guard received forty-three separate comments on the NPRM
during the comment period. The commentors fit into the following
general categories: concerns from businesses on Bull River, Turner
Creek, or Half Moon River; concerns from citizens living on these
waterways or with vessels moored in effected areas; and concerns
registered by or on behalf of the Atlanta Committee for the Olympic
Games (ACOG). The Coast Guard received two comments from private
citizens who fully supported the safety/security zones as proposed,
stating that the Coast Guard had achieved a good balance between
navigational interests and interest in security for the Olympic
athletes. The comments which addressed specific proposed safety/
security zones are discussed below by zone. General comments which
pertain to all of the area are grouped by subject and are discussed
following the discussion by specific zones.
The environmentally based constraints that were proposed as part of
the NPRM have been incorporated as conditions in the permit issued by
the Coast Guard to the ACOG for the water events. As a result,
therefore, these restrictions have been eliminated from
[[Page 18950]]
the final rule. The Coast Guard has completed an Environmental
Assessment, with a finding of no significant impact, for all Olympic
activities in the area as discussed in the ``Environmental Assessment''
section below.
Savannah River; Olympic Torch Moving Safety Zone (Proposed Section
165.T07-077)
No Comments specifically addressed the Olympic Torch proposed
moving safety zone. The effective date of the moving safety zone has
been changed from July 10 to July 9, 1996. The duration of the
effective time of the zone has been reduced from the NPRM, which had
proposed an effective zone that lasted from 8 a.m. to 10 p.m. EDT. The
moving safety zone will instead be effective from 6 p.m. to 10 p.m.
EDT. The exact route of the torch is uncertain at this time. The zone
will commence either, on the Savannah River in the vicinity of Coast
Guard Station Tybee and continue west up river to the Highway 17A
bridge (Talmadge bridge), or at the mouth of the Wilmington River and
proceed to the Savannah River via the Intracoastal Waterway (ICW) and
thence to the Highway 17A bridge. The Captain of the Port Savannah will
announce the exact route for the vessel and its moving safety zone via
Broadcast Notice to Mariners prior to the establishment of the zone.
Savannah River: Fireworks Safety Zone (Proposed Section 165.T07-078)
No comments were received on the proposed safety zone for the
fireworks display. The effective time of the zone on July 4, 1996 has
been moved up from the proposed starting time of 10 p.m. to 9:15 p.m.
EDT. The zone will still terminate at 11 p.m. EDT.
Marriot Hotel/Olympic Village (Proposed Section 165.T07-062(1))
No comments specifically addressed the Olympic Village proposed
zone and therefore it is being adopted in this final rule as proposed
with a minor change in coordinates required to accurately delineate the
zone.
Olympic Marina; Wilmington River and Turner Creek (Proposed Section
165.T07-062(2))
The NPRM proposed a zone that included a portion of Turner Creek
and extended out to the center of the Wilmington River, surrounding the
Olympic Marina and its docks. Olympic athletes will board vessels at
the Olympic Marina and be shuttled to the Day Marina in Wassaw Sound.
The Day Marina is the staging area for all the yachting events and is
the area where the vessels used in competition will be moored. As
proposed, entry into the Olympic Marina zone, including portions of
Turner Creek and the Wilmington River, would be prohibited unless
permission was granted by the Captain of the Port. The Coast Guard had
planned to grant permission for entry to groups of vessels and provide
Coast Guard escorts for their transit through the zone, thereby
allowing controlled access to the Wilmington River through Turner
Creek.
The Olympic Marina zone, as proposed, extended south of the Olympic
Marina in the Wilmington River to encompass a number of private docks.
To address the access problem this would have caused for the dock
owners, the Coast Guard has modified the boundaries of the Olympic
Marina zone so that the zone ends just north of the first private dock,
thereby allowing free access from these docks to the Wilmington River.
The Coast Guard received a number of comments concerning the
anticipated effects of closing Turner Creek and parts of the Wilmington
River and concerning the expected delays which would result from the
plan to escort groups of vessels through the area. Commentors included
two private individuals who live in homes with private docks on the
Wilmington River that were encompassed within the proposed Olympic
Marina zone and business owners along Turner Creek who were concerned
with the impact the delays and lack of access would have on their
business.
In their comments, several business owners along Turner Creek
expressed concerns with the Coast Guard's proposed plan to escort
vessels in groups through Turner Creek to the Wilmington River. The
commentors noted that this area experiences a heavy volume of vessel
traffic and large delays were anticipated as a result of the
restrictions. Based on these comments, and after consultation with the
ACOG about the security concerns, the Coast Guard has decided not to
escort vessels in groups through this zone. Instead, if vessels desire
to transit through the Olympic Marina zone, a vessel may check in with
the Coast Guard to receive permission to enter. The Captain of the Port
(COTP) may grant permission for vessels to enter the Olympic Marina
zone whenever circumstances allow. COTP permission will be granted with
the condition that the vessels transit the zone without stopping within
the zone.
Two comments at the public meeting and one written comment
concerned the designation of this area as a ``no wake zone.'' The
declaration of an area as a ``no wake zone'' is done by the State of
Georgia and not the Coast Guard. Therefore, those comments have been
passed to the responsible state officials for their consideration.
Wilmington River and Wassaw Sound (Moving Security Zone) (Proposed
Section 165.T07-062(3))
No comments specifically addressed this proposed zone. The
description of this zone has been modified to clarify the route that
the vessels ferrying the athletes between the Olympic Marina and the
Day Marina will take. These vessels will transit from the Olympic
Marina in the Wilmington River to Tybee Cut, through Tybee Cut to Half
Moon River and into Wassaw Sound were the Day Marina is located. The
same route is planned for the return trip.
Bull River (Proposed Section 165.T07-062(4))
This was the most commented on of the proposed zones. The zone, as
proposed, would close the southern entrance to Bull River at Pa Cooper
Creek and would close Tybee Cut in the event of adverse weather. The
proposed zone encompassed the Day Marina and provided for a less
crowded route for the ferries shuttling the athletes between the
Olympic Marina and the Day Marina.
The Coast Guard received eleven comments from business owners along
the Bull River objecting to this proposed zone. These businesses fall
into two primary categories; those that operate commercial vessels from
dock facilities and those with fixed shore-based operations, such as
restaurants or marinas. Most of the comments expressed concern that the
Coast Guard was being overly restrictive with regard to access to
Wassaw Sound and Bull River. The comments expressed a shared opinion
that business in this area would be significantly affected by the
proposed closing of the entrance to Bull River during the day. Fixed
shore based operations expressed concerns that customers would not be
able to reach the businesses and operators of commercial vessels moored
at docks in the area expressed concern that they would have to leave
the zone early in the day and not return until the evening. The
comments pointed out that though there is an alternate route between
this portion of the Bull River and Wassaw Sound via the Wilmington
River, there are fixed span bridges over the Bull River which limits
the size of vessels able to use this route. Hence, the only outlet for
vessels with height
[[Page 18951]]
restrictions is out the mouth of the Bull River.
Conversely, the ACOG also expressed concerns about the proposed
Bull River zone, stating that the zone as proposed was not restrictive
enough. The ACOG requested that the Coast Guard also close the Half
Moon River northwest of Tybee Cut, thereby including all of Tybee Cut
within the zone during all times that the zone was in effect, not just
during adverse weather as proposed. In its comments, the ACOG noted
that Tybee Cut was chosen for transiting athletes for a number of
reasons. Tybee Cut provides a route which is more protected from
adverse weather as well as providing a shorter transit that does not
interfere with racing in the Alpha race course (located in Wassaw
Sound). The ACOG also pointed out that the only alternate route
available for ferrying athletes between the Olympic Marina and the Day
Marina was down the Wilmington River and then through Wassaw Sound.
This route is considered unacceptable by the ACOG. Not only is the
route longer and more prone to adverse weather, but more importantly it
dramatically increases the athletes' exposure to the large number of
commercial and recreational vessels expected to be transiting through,
and congregating at, the mouth of the Wilmington River. The comment
from the ACOG also noted that the Coast Guard had proposed July 6, 1996
as the starting date for the safety/security zones, but that in the
ACOG's opinion, the zones would not be needed until July 8. The ACOG
suggested that the Coast Guard delay the effective date for the Bull
River zone to July 8, 1996.
The Coast Guard has reviewed the concerns expressed by the
businesses and individuals regarding access to Wassaw Sound and Bull
River, but must balance their need for access with the need for Olympic
athletes' security. The Bull River area will be heavily used by Olympic
athlete shuttles and affiliated Olympic vessels. The security zone
boundaries and effective dates have been carefully tailored to ensure
the need for athlete security is met. The Coast Guard agrees with the
ACOG's concerns for security in this area. The Day Marina, which is the
center of activity for the Olympic yachting events, consists of a group
of barges moored in the water and is exposed on all sides. The vessels
participating in the Olympic yachting races will be moored at the
marina and will be transiting between the Day Marina and the race
courses throughout the day. Large concentrations of athletes will be
present at the marina throughout the day as well. Additionally, as the
ACOG commented, because of the high concentration of spectator and
commercial vessels expected in the Wilmington River near Wassaw Sound,
ferrying athletes out the Wilmington River and into Wassaw Sound from
the south will expose the athletes to a higher security risk. The Coast
Guard is also concerned with navigational safety in this area. Wassaw
Sound consists primarily of shoal waters, which create extremely
hazardous conditions if the area becomes congested with vessels. For
these reasons it would be extremely difficult to allow unimpeded vessel
traffic in this area while still ensuring the safety of the Olympic
athletes and of boaters.
In response to these comments, in the final rule the Coast Guard
has modified the boundaries and the effective times of the Bull River
zone to improve accessibility while still ensuring the need for athlete
security is met. Based on the ACOG's concerns for athlete security, a
security/safety zone will close all of Tybee Cut and a portion of the
Half Moon River to unaffiliated vessels from July 6 until August 2,
1996 from 8 a.m. to 7 p.m. EDT daily. Unaffilated vessels are defined
as all vessels that are not registered with the ACOG or designated as
an Official Vessel by the Coast Guard Captain of the Port. However,
after internal discussions within the Coast Guard and in consultation
with the ACOG, the Coast Guard has decided that from July 6 through 18,
1996, Tybee Cut and parts of the Half Moon River is the only part of
the proposed Bull River zone which will be in effect (Tybee Cut/Half
Moon River zone). From July 19 through August 2, 1996, the safety/
security zone in this area will encompass all of the Tybee Cut/Half
Moon River zone plus a portion of the Bull River. However, the boundary
proposed in the NPRM across the Bull River has been shifted south in
the final rule. The boundary of the proposed Bull River zone ran from
Pa Cooper Creek due east to the marsh adjacent to the entrance to Bull
River. The new boundary line spans the Bull River farther south, and
provides a one hour window, for passage thru Tybee Cut from 1 p.m. to 2
p.m. From July 19 to August 2, Wassaw Sound will be inaccessible from
Bull River from 8 a.m. to 7 p.m. EDT daily. Tybee Cut will be used by
the Athlete Shuttles and affiliated vessels from 8 a.m. to 1 p.m. EDT
and from 2 p.m. to 7 p.m. EDT daily. Unaffiliated vessels will be
allowed access to Tybee Cut, the Half Moon River, and the Bull River
from 1 p.m. to 2 p.m. EDT daily. However, unaffiliated vessels will not
be allowed to proceed south of the line described in section 165.T07-
062(a)(5). This one hour access window may slide to a later time if
race delays occur. Additionally, from 7 p.m. to 8 a.m. EDT daily,
unrestricted access to Tybee Cut, the Half Moon River and the Bull
River will be allowed.
The Olympic yachting events do not begin until July 19, though
athletes will be in the area beginning July 6, 1996. The Coast Guard
has decided that despite the ACOG's opinion that this zone need not be
effective until July 8, it is necessary that a zone encompassing Tybee
Cut be effective July 6. Beginning July 6, 1996, all of the waterside
venues will be considered as being under the ``Olympic umbrella'' and
athletes will have full access to all venues. Therefore, as athletes
will be ferried through Tybee Cut beginning July 6, 1996, that date
will remain as the effective date for the Tybee Cut/Half Moon River
zone.
Between July 6 and 19, 1996, the eastern boundary of the safety/
security zone closing Tybee Cut, the Tybee Cut/Half Moon River zone,
will be the eastern entrance of the Half Moon River on the Wassaw
Sound. This modification will allow vessels to navigate between the
Bull River and Wassaw Sound west of Wassaw Breaker throughout that time
period. Access between Bull River and Wassaw Sound, east of Wassaw
Breaker, is restricted by the 200 yard fixed safety/security zone
around the Day Marina. However, the Coast Guard notes that due to tidal
changes in this area, the access between Bull River and Wassaw Sound
west of Wassaw Breaker will be a viable alternative for vessel transit
only at certain tides. As with the proposed Bull River zone, the Tybee
Cut/Half Moon River zone will only be in effect from 8 a.m. to 7 p.m.
EDT, thereby allowing free transit of vessels throughout almost all of
this area during the evening. This zone is described in Sec. 165.T07-
062(a)(4).
In light of the modifications to the proposed Bull River zone
discussed above, and to address security concerns in the immediate
vicinity of the Day Marina, this final rule contains a new safety/
security zone in Wassaw Sound, described in Sec. 165.T07-062(6), which
extends in a radius of 200 yards around the Day Marina. This zone will
be in effect twenty-four hours a day from 8 a.m. EDT July 6, 1996
through 7 p.m. EDT August 2, 1996. The COTP anticipates granting
permission for vessels to transit through this zone from 7 p.m. to 8
a.m. EDT daily, under the condition that vessels remain at a
[[Page 18952]]
distance of at least 50 yards from the Day Marina.
The Coast Guard received one comment seeking a dedicated small
vessel viewing area within the Bull River zone to allow spectator
vessels to view the races. In response to this comment as discussed
above, the proposed security zone boundary across the Bull River has
been shifted south in the final rule. This modification is in addition
to the fact that, as discussed above, access to and from the Bull River
west of Wassaw Breaker will not be effected until July 19. The new
boundary line spans the Bull River farther south, though the resulting
zone (termed the Tybee Cut/Bull River/Half Moon River zone) effectively
closes the eastern and western entrance to Half Moon River in addition
to closing off access to Tybee Cut. This zone is now described in
Sec. 165.T07-062(a)(5). This southern shift in the zone boundary will
allow small vessels to get closer to the racing areas without
compromising safety or security. The Tybee Cut/Bull River/Half Moon
River zone does not prevent small vessels from viewing the event from
outside the security zone perimeter. Also as discussed above, Wassaw
Sound will be inaccessible from Bull River from July 19 to August 2,
1996, but unaffiliated vessels will be allowed access to Tybee Cut, the
Half Moon River, and the Bull River from 1 p.m. to 2 p.m. EDT daily
provided unaffiliated vessels do not proceed south of an alternate line
described in section 165.T07-062(a)(5). This one hour access window may
slide to a later time if race delays occur. The ACOG has agreed not to
run ferries through Tybee Cut during this time to allow unimpeded
access. This window should allow adequate time for vessels to transit
without jeopardizing security. After the Olympic events are completed
for the day, from 7 p.m. to 8 a.m. EDT daily, the zone will not be
effective and therefore access to Tybee Cut, the Half Moon River and
the Bull River will be allowed.
A number of comments expressed concern about the closing of Tybee
Cut and the effect on boating safety that may have in regard to vessels
seeking to return to port in the case of adverse weather. The Coast
Guard is concerned with ensuring vessel safety, but notes that access
to Tybee Cut is not required to ensure vessels can reach a safe harbor
in case of adverse weather. Although the Coast Guard recognizes that
Wassaw Sound can get choppy in adverse weather, once a vessel reaches
the vicinity of Cabbage Island, an area outside all of the safety/
security zones, calmer water can be found. There are also marinas
available and accessible along the southern end of the Wilmington River
at which vessels may moor. Therefore, it is the Coast Guard's opinion
that due to available alternatives, Tybee Cut need not remain open to
ensure the safety of vessels in the area.
The Coast Guard received one comment from the owner of commercial
towing business located on Half Moon River. This individual had
purchased property on this waterway due to its proximity to the Olympic
venues and was concerned that he would be unable to leave his property.
The comment stated that the location was selected partially based on
conversations with Coast Guard officials last year who had expressed a
need for commercial towing assistance during the Olympics. The Coast
Guard notes that the boundaries of the zones in this area, both the
Tybee Cut/Half Moon River and Tybee Cut/Bull River/Half Moon River, are
carefully tailored to meet the need for security for Olympic athletes
and officials. The property which is the subject of the comment is a
private residence which provides a convenient area for mooring a tow
vessel. Although the Coast Guard realizes that mooring this vessel at
another location may be inconvenient, there are a number of available
marinas and other areas which may be used by this business as a staging
area to provide commercial towing assistance. Access to half Moon River
and Tybee Cut is not needed to tow any vessel for safety or repairs. As
discussed above, and in part to provide this business with some
flexibility while at the same time providing for navigational safety
and security, the zones in the Half Moon River area, Sec. 165.T07-
062(a)(4), have been revised to open a one hour window of opportunity
for accessibility via Tybee Cut and Half Moon River in addition to the
7 p.m. to 8 a.m. EDT accessibility. Businesses with mobile assets such
as this, or vessels with draft restrictions, are advised to seek other
staging or embarkation points if additional flexibility is needed.
The Coast Guard received several comments at the public meeting and
seven written comments which addressed the perceived hardships the
proposed zones would have on the charter boat industry and marinas
which operate in and around the Bull River. These comments represented
the interests of vessel owners whose primary business is fishing
charters, vessels that have been chartered to carry spectators, and two
marinas on the Bull River that cater to charter vessels and sailboats.
The change in effective dates of the zone, specifically, the opening of
access between the Bull River and Wassaw Sound between July 6 through
July 18, 1996 should help alleviate many of these businesses concerns.
For the period of time when access to the Bull River is closed off or
tidal conditions make access between the Bull River and Wassaw Sound
difficult for draft restricted vessels, as discussed above, there are
several alternate routes vessels may take to transit between the Bull
River and Wassaw Sound. The most direct route is directly out the mouth
of the Bull River into the Sound, west of Wassaw Breaker. Subject to
tidal state, this route will be available from July 6 through 18 as a
result of the modifications in this final rule. Under both the proposed
and final rule, this route is also available every evening from 7 p.m.
to 8 a.m. EDT. A second route is up the Bull River to Turner Creek and
then into the Wilmington River. The second option requires a vessel to
clear the upstream fixed span Route 80 bridge, which has a vertical
clearance of 20 feet spanning the Bull River, en route to the
Wilmington River. Three comments noted that any non-direct route
between the Bull River and Wassaw Sound would add significant time to
each trip, with estimates ranging from one to three hours additional
transit time in each direction for vessels transiting between the Bull
River and Wassaw Island, a traditional fishing ground. Most of the
vessels affected by this rule are either too tall to clear the bridge
or can do so only during certain tidal conditions. Additionally, one
comment noted that even for vessels that can clear the bridge, the
added time would make the normal fishing charter trip, which travels to
the southeast of Wassaw Island, unmanageable in a typical eleven hour
fishing day. The problem is aggravated by the fact that July and
August, the times when the Bull River zone will be effective, is the
charter industry's peak season. The marinas also commented that they
expected to lose revenues as a result of the loss of charter boat
business, loss in fuel sales and loss in dockage fees from sailboats.
Restaurants and marina operators also commented that they expect to
lose business because of the restrictions imposed by the proposed Bull
River zone. Additionally, the marinas anticipated that the loss in
dockage fees would continue in the future, citing a perceived trend
that once someone changed to a new marina, they seldom return the
following year.
The Coast Guard notes that portions of the Bull River, up river
from the Tybee Cut/Bull River/Half Moon River
[[Page 18953]]
security/safety zone are being designated as a special anchorage area
in a separate final rule. As a result, a large increase in smaller
vessels and their passengers can be anticipated in the river. Many of
these vessels will not be constrained by the limited clearance of the
fixed span bridge and will be able to transit between the Bull River
and Wilmington River during all times of the day. These vessels will be
able to utilize any dock space vacated by the larger vessels.
Additionally, the large number of people and vessels expected to use
the anchorage area and the Bull River in general during the Olympics
should help alleviate some of the lost revenue for businesses along
Bull River. Any anticipated future losses are merely speculative. The
Coast Guard estimates that overall in the Savannah area there will be
an increase of 1000-2000 vessels during the time period when this rule
is in effect. The ACOG estimates that each day its vessels and
officials alone will use between 7,000 and 10,000 gallons of gasoline,
two tons of ice, and eat over 1600 lunches. Those estimates are in
addition to the need for similar items for the over 1500 volunteers who
will be assisting with the events and for the support boats for the
racing teams which will be used through July 19. It is inevitable that
with all of the expected vessels, there will also be a large demand for
vessel repairs.
In regard to the larger vessels, the Coast Guard is aware of the
inconveniences that the operation of the zone will cause, but notes
that there are other locations where these vessels can dock or anchor
that are not affected by any of the zones. The boundaries of the Tybee
Cut/Bull River/Half Moon River zone, as well as all the safety/security
zones being adopted by this final rule, have been narrowly tailored to
provide adequate security while still providing for the interests of
navigation. The Coast Guard notes that access from the Bull River to
Wassaw Sound will only be restricted during the days and times that the
majority of athletes and officials will be present. This will allow
access between the Bull River and Wassaw Sound during the evening and
from July 6 to July 18, 1996. Additionally, as discussed above, the
Captain of the Port anticipates granting general permission for all
vessels to transit between the Bull River and Half Moon River and
through Tybee Cut for an hour each afternoon, usually from 1 to 2 p.m.
EDT, to allow greater accessibility between Bull River and Wassaw
Sound.
Atlantic Ocean and Wassaw Sound Zone (Proposed Section 165.T07-062(5))
The Coast Guard received three comments concerning the Atlantic
Ocean/Wassaw Sound zone. The first of these comments suggested that
vessels and operators be allowed access to the Atlantic Ocean/Wassaw
Sound zone after successfully undergoing a security screen. A second
related comment sought access to the northern side of Wassaw Sound for
a commercial charter business. The combination of security and safety
concerns in the Atlantic Ocean/Wassaw Sound zone area combine to
prohibit the entrance of any unaffiliated vessels into this zone. The
implementation of a security screen by the Coast Guard would pose
significant security and traffic management problems that would far
outweigh any benefits that may result. Therefore, the Coast Guard is
not adopting that suggestion and is not allowing access into this zone.
Due to the over 280 competition vessels and 200 powered support vessels
operating and racing in the area, this and the other safety/security
zones are expected to experience a high degree of congestion during the
Olympic races. The Coast Guard believes that to additionally allow the
heavy concentration of recreational and commercial vessels expected as
spectators into these zones would create an inherently unsafe
condition. Therefore, even if all security concerns could be
eliminated, which in and of itself would be a time consuming and
intrusive task, the safety concerns are too great to allow this type of
controlled access. The Atlantic Ocean/Wassaw Sound zone is located near
both the Day Marina, where vessels ferrying Olympic athletes will be
moored and race venue ``A'', where athletes and numerous vessels will
be present. In addition, athlete shuttles will regularly transit the
area. As proposed by the ACOG and as discussed below, the only
spectator vessels allowed within the zones will be a controlled number
of vessels carrying passengers with official Olympic tickets to view
the yachting events (ticketed spectator vessels). Those vessels and the
passengers on board will undergo extensive security screens prior to
entry into the zone and their movement within the zone will be strictly
controlled so as not to create a hazard to navigation.
The Coast Guard also received one comment from the operator of a
sea kayak business. The business launches kayaks from the south end of
Tybee Island and the kayaks then proceed to Myrtle Island. Under the
proposed Atlantic Ocean/Wassaw Sound zone, Myrtle Island and
surrounding water would be inaccessible as the area would be
encompassed within the zone. The commentor was concerned the impact of
the zone would have on his business and asked that the zone be modified
so that the zone ended fifty yards offshore off the beach of Myrtle
Island. In response to this comment, the Atlantic Ocean/Wassaw sound
zone has been slightly modified from the proposal to allow access to
the marsh area within 50 yards of Myrtle Island, thereby providing a
large area suitable for kayaking without compromising safety or
security. Additionally, due to the modifications to the proposed zones,
the Atlantic Ocean/Wassaw Sound zone has been renumbered in the final
rule and now is described in Sec. 165.T07-062(7).
Ticketed Vessels
The Coast Guard received one comment that suggested the
``ticketed'' vessels that will operate inside the safety/security zones
appear to represent a privileged fleet, particularly given the high
price of tickets. The Coast Guard notes that these vessels, as well as
their passengers, will be subject to the same security measures that
spectators attending shoreside events will undergo. These vessels are
merely mobile ``bleachers'' that will operate within the security
envelope subject to strict instructions from the ACOG and the Captain
of the Port. Tickets are being sold to all other Olympic events; the
yachting events are no different. The cost of these tickets is
comparable to the price of tickets for other Olympic events. As noted
above, limiting spectator vessel access is necessary to ensure
navigational safety and the security of the Olympic athletes and
associated vessels.
Impacts on Commercial Fishermen
Several comments from commercial fisherman, commercial crab
trappers and bait draggers in the area expressed concerns that they
would be unduly impacted by the regulations due to the combination of
the limited areas and times authorized for fishing by the safety and
security zones and the limitations imposed by their state issued
fishing licenses. Crab trappers commented on the inordinate number of
buoys lost in the Wilmington River during last summer's regatta and
were concerned that the high volume of traffic during the Olympics
would result in the loss of large numbers of traps. A representative
for commercial fishermen and shrimpers at the public meeting pointed
out that there are usually 150-200 traps out during any given time and
[[Page 18954]]
that during a regatta last summer each boat lost nearly 50 traps.
Concern was also expressed by a crab trapper on the effect of delays in
entering Turner Creek and Wilmington River in combination with the
summer heat, which could lead to loss of many crabs after harvesting.
The Coast Guard has reviewed the problems raised by the commercial
fishermen which will result from the combination of heavy vessel
traffic and restrictions on access due to the safety/security zones.
The Coast Guard must balance these concerns against concerns, discussed
in detail above, for security and navigational safety. In trying to
strike a balance, the Coast Guard has had discussions with the State of
Georgia Marine Fisheries Branch of Georgia Department of Natural
Resources (DNR) which has been made aware of the concerns of the
fishermen. The DNR is giving consideration to changing the authorized
locations and/or hours of operation during the period covered by the
Olympics. These changes would help alleviate some of the problems
mentioned by commercial fishermen by reducing the overlap in times when
access to certain areas will be restricted by the safety/security zones
and access is permitted by state fishing licenses.
The ACOG has agreed to add a warning to its volunteer training
program and to boating information given to the participants
highlighting the need to be respectful of crabbers' traps. The Coast
Guard also notes, though, that some disturbance of traps is unavoidable
and that the representative at the public meeting noted that the
impacts expected on trap loss during the Olympics is about the same as
that expected on any busy weekend.
Additionally, the Coast Guard notes that the changes in planned
operation of the zone in the Turner Creek/Wilmington River area
(Sec. 165.T07-062(2)) to allow direct transit through the zone, as
opposed to making vessels wait and escorting those vessels in groups
through the zone, should reduce the concerns about loss of crabs due to
prolonged exposure to heat. Vessels will be denied immediate transit
through this area only in cases of immediate safety or security
concerns.
Discussion of Regulations
These regulations are intended to promote secure and safe
navigation on the waters surrounding the Olympic Village, Olympic
ceremonies, Olympic Marinas, racing venue areas, and athlete waterborne
transits, by controlling the traffic entering, exiting and traveling
within these waters.
Coast Guard and State Law Enforcement patrol vessels with a Coast
Guard representative on board will be on scene to enforce the zones and
direct traffic. No persons or vessels will be allowed to enter or
operate within the zones while they are in effect, except as may be
authorized by the Captain of the Port. These regulations are issued
pursuant to 33 U.S.C. 1231 and 50 U.S.C. 191, as set out in the
authority citation of all of Part 165.
The effective dates of the individual safety/security zones vary,
but overall the zones are in effect from July 6 to August 4, 1996.
Six fixed and one moving safety/security zone are being established
in the following areas: (1) Savannah River (Olympic Village area), all
the waters around the Marriott Hotel-Olympic Village; (2) Wilmington
River/Turner Creek (Olympic Marina area); (3) Wilmington River/Tybee
Cut, moving safety/security zones will be placed around all Olympic
Athlete Shuttle vessels with athletes on board while transiting between
the Olympic Marina and the Day Marina; (4) Tybee Cut/Half Moon River,
the western entrance to Tybee Cut and the western and eastern approach
to Half Moon River (July 6-18); (5) Tybee Cut/Bull River/Half Moon
River, the western entrance to Tybee Cut, the western approach to Half
Moon River and southern entrance to the Bull River (July 19-August 2);
(6) Wassaw Sound, a fixed security zone will be placed around the Day
Marina; and (7) the Atlantic Ocean and Wassaw Sound offshore racing
areas, which includes the area from Myrtle Island until the Wilmington
River and the area from Wilmington Island until the junction of the
Half Moon and Bull Rivers. The following is a detailed description of
each zone and its effective times.
Olympic Village: This zone will be in effect 24 hours a day from 8
a.m. EDT July 6 to 12 p.m. EDT August 4, 1996 and will affect the
entire width of the Savannah River for a distance of 1,000 yards
centered on the Marriott Hotel. Vessels representing the Captain of the
Port will be available to escort unaffiliated vessels desiring to
transit the area. Unaffiliated vessels are defined as all vessels that
are not registered with the ACOG or designated as an Official Vessel by
the Coast Guard Captain of the Port. Vessels will be asked to transit
along the Northern side of the channel. During periods of heavy
recreational traffic, delays should be expected. Priority will be given
to commercial traffic. On July 20th, July 29th and August 2nd the zone
will be extended 500 yards to the west from 7:30 p.m. to 10:30 p.m. EDT
for the opening, medal, and closing ceremonies. No vessels will be
allowed to transit the zone during these times.
Olympic Marina: This zone will be in effect 24 hours a day from 8
a.m. EDT July 6 to 7 p.m. EDT August 2, 1996 and will extend across the
mouth of Turner Creek, just east of Sail Harbor. The zone will extend
200 yards west into the Wilmington River from Turner Rock and run south
to a point due west of the first private dock, and then easterly to the
shore. Vessels will need permission from a Coast Guard official acting
for the COTP in the vicinity prior to transiting into or out of Turner
Creek. Once permission is granted to transit the zone, unaffiliated
vessels will not be allowed to stop or loiter in the vicinity of Sail
Harbor or the Sheraton Complex. The COTP anticipates routinely granting
permission to transit the zone, but should the number of vessels
seeking to transit this area reach a number that compromises athlete
security the Coast Guard may escort groups of vessels through the area,
require one-way transits, or deny access for short time periods. Delays
should be minimal.
Wilmington River/Tybee Cut: A 75 yard moving safety/security zone
will be enforced around Athlete Shuttles from 8 a.m. to 7 p.m. EDT
daily from July 6 to August 2, 1996 as they transit from the Olympic
Marina (Sheraton) to the Day Marina at Beach Hammock. Vessel operators
will need to be alert for the approach of these vessels and stand
clear. Athlete shuttle vessels will be in continuous operation from 8
a.m. to 7 p.m. EDT and will proceed down the eastern side of the
Wilmington River, through Tybee Cut, into Half Moon River and then to
the Day Marina located in Wassaw Sound. The same route will be used for
return trips.
Tybee Cut/Half Moon River: This safety/security zone closes Tybee
Cut to all unaffiliated vessels from 8 a.m. to 7 p.m. EDT daily from
July 6 to July 18, 1996. From July 19 through August 2, 1996 the area
encompassed by this becomes part of the Tybee Cut/Bull River/Half Moon
River zone. As part of this zone, the entrance to the Half Moon River
just west of the intersection with Tybee Cut will also be closed. The
eastern boundary of this zone will be the eastern entrance of the Half
Moon River on Wassaw Sound. Wassaw Sound, west of Wassaw Breaker will
be open to vessel traffic during this time. Tybee Cut will be used by
the Athlete Shuttles and affiliated vessels from 8 a.m. to 1 p.m. EDT
and from 2 p.m. to 7 p.m. EDT. The Captain of the Port, via Broadcast
Notice to Mariners, will grant general permission for all vessels to
transit between the Bull River and Half
[[Page 18955]]
Moon River and between Tybee Cut and Wilmington River. This one hour
access window may slide to a later time if race delays occur.
Additionally from 7 p.m. to 8 a.m. EDT daily, unrestricted access to
Tybee Cut, the Half Moon River and the Bull River will be allowed.
Tybee Cut/Bull River/Half Moon River: This zone is effective from
July 19 to August 2. The zone will encompass the entire area of the
Tybee Cut/Half Moon River zone described above, including closing Tybee
Cut, but the eastern boundary will shift to be across the Bull River at
the Northern end of Wassaw Sound. As a result, from July 19 to August
2, Wassaw Sound will be inaccessible from Bull River from 8 a.m. to 7
p.m. EDT daily. Tybee Cut will continue to be used by the Athlete
Shuttles and affiliated vessels from 8 a.m. to 1 p.m. EDT and from 2
p.m. to 7 p.m. EDT. Unaffiliated vessels will be allowed access to
Tybee Cut, the Half Moon River, and the Bull River from 1 p.m. to 2
p.m. EDT daily. However, unaffiliated vessels will not be allowed to
proceed south of an alternate line described in section 165.T07-
062(a)(5). This one hour access window may slide to a later time if
race delays occur. Additionally from 7 p.m. to 8 a.m. EDT daily,
unrestricted access to Tybee Cut, the Half Moon River and the Bull
River will be allowed.
Wassaw Sound: A 200 yard safety/security zone will be in effect 24
hours a day form 8 a.m. EDT July 6 to 7 p.m. EDT August 2, 1996 around
the Day Marina. No unaffiliated vessels will be allowed access to the
zone from 8 a.m. to 7 p.m. EDT. Note that beginning July 19 when the
Tybee Cut/Bull River/Half Moon River and Wassaw Sound/Atlantic Ocean
safety/security zones are in effect this zone around the Day Marina, is
fully encompassed by those zones. From 7 p.m. to 8 a.m. EDT all vessels
will be granted permission to transit this zone between Wassaw Sound
and the Bull River, under the condition that the vessels may not
proceed closer than 50 yards to the Day Marina, and must obtain prior
authorization from Coast Guard Vessels patrolling the zone.
Wassaw Sound/Atlantic Ocean: The approximately 14 mile long safety/
security zone offshore will be established from July 19 to August 3,
1996 and will be in effect 24 hours a day. From 8 a.m. to 7 p.m. EDT no
unaffiliated vessels will be granted permission to enter this zone.
Vessels desiring to transit the area from 7 p.m. to 8 a.m. EDT will
need to check in with Coast Guard vessels in the vicinity for
permission. The Coast Guard expects to grant such permission, provided
there are no immediate safety or security concerns.
The regulations for the offshore racing areas included within this
zone will be enforced for the race venues which are located within the
navigable waters of the United States. These regulations are necessary
to minimize navigational dangers and to ensure the safety and security
of Olympic athletes and affiliated vessels operating within the Olympic
venue. Nonobligatory guidelines are included in the regulatory language
for that portion of the racing venue which falls outside the navigable
waters of the United States. Entry into this safety/security zone by
other than affiliated vessels will be prohibited without permission of
the Captain of the Port or the Olympic Patrol Commander.
Olympic Torch: The Coast Guard is establishing a moving safety zone
for the vessel which will carry the Olympic torch to the Savannah
waterfront, prior to the commencement of the 1996 Olympic Games. The
exact route of the torch is uncertain at this time. The zone will
commence either, on the Savannah River in the vicinity of Coast Guard
Station Tybee and continue west up river to the Highway 17A bridge
(Talmadge bridge), or at the mouth of the Wilmington River and proceed
to the Savannah River via the ICW and thence westerly to the Highway
17A bridge. The safety zone is needed for the protection of the vessel
carrying the Olympic torch. The Captain of the Port will provide escort
vessels and restrict approaching vessel operations in support of the
moving safety zone.
Olympic Fireworks: Finally, the Coast Guard is establishing a
safety zone for a fireworks display in connection with Olympic
festivities, on the Savannah River in the vicinity of Rousakis Plaza.
The safety zone is needed to protect vessels, facilities, and personnel
from safety hazards associated with the storage, preparation, and
launching of fireworks. The Captain of the Port is restricting vessel
operations in the safety zone.
Regulatory Evaluation
These regulations are not a significant regulatory action under
section 3(f) of Executive Order 12866 and do not require an assessment
of potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary. As
discussed in the preamble, the boundaries, effective dates and times of
all of the safety/security zones in this rule have been carefully
tailored to meet the needs of security for the Olympic athletes while
still providing for navigational safety. The 1,000 to 2,000 extra
vessels expected to be in the Savannah area for the Olympics will bring
a large amount of extra business into the area for many of the
businesses affected by this rule.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule will have a significant effect
on a substantial number of small entities. ``Small entities'' may
include (1) small businesses and not for profit organizations that are
independently owned and operated and are not dominant in their fields
and (2) governmental jurisdictions with populations of less than
50,000.
Over 1,100 athletes and coaches representing over 80 countries,
over 300 competition vessels, as well as approximately 1,000 to 2,000
support and spectator vessels are expected to arrive and participate in
the festivities of the 1996 Olympic yachting competition. To ensure the
security of the Olympic athletes and support personnel and to ensure
the safety of the large volume of recreational and spectator vessels
expected in the area, the Coast Guard is establishing these safety/
security zones. The Coast Guard realizes that this rule will have some
effect on some small entities, but the rule has been narrowly tailored
to provide for security of the athletes and navigational safety on the
waterways. The effective dates and times as well as the boundaries of
the zones have been examined to ensure that they restrict movement only
to the extent necessary to ensure security and navigational safety.
Many of the zones are only in effect from 8 a.m. to 7 p.m. EDT when
athletes are most likely to be in the areas, providing unlimited access
to many areas each evening. As discussed in the preamble, alternate
routes to those routes affected by this rule exist for many of the
zones. If a vessel needs to transit through a zone, the COTP may grant
permission for vessel transit even when the zone is in effect. To help
vessels plan transits, the Coast Guard has provided details in this
rule as to times and places when the COTP anticipates granting such
permission and how vessels may request such
[[Page 18956]]
permission. As discussed in the preamble, the Olympic yachting events
will bring large numbers of people and vessels into the area. Although
the effect of this rule on small business is difficult to quantify, the
Coast Guard expects that losses incurred by small entities as a result
of this rule may be offset by a large increase in potential customers,
albeit temporary.
For the reasons discussed above, including the determination that
this rule is not economically significant, the Coast Guard certifies
under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. et
seq.) that this rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
rule consistent with Section 2.B.2. of Commandant Instruction
M16475.1B. In accordance with that section, this action has been
environmentally assessed (EA completed), and the Coast Guard has
concluded that it will not significantly affect the quality of the
human environment. An environmental assessment and finding of no
significant impact has been prepared and is available for copying and
inspection where indicated under the ADDRESSES section above.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulations
In consideration of the foregoing, Part 165 of Title 33, Code of
Federal Regulations, the Coast Guard amends as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A new Sec. 165.T07-062 is added to read as follows:
Sec. 165.T07-062 Safety/Security Zones: Savannah River, Wilmington
River and Turner Creek, Bull River and Wassaw Sound, GA.
(a) Safety/Security zones. The following areas are safety/security
zones (all coordinates referenced use Datum: NAD 1983):
(1) Marriott Hotel/Olympic Village. The safety/security zone is in
the following area: from the Marriott Hotel Olympic Village on the
Savannah River in position:
32 deg. 04' 48'' N, 81 deg. 04' 54'' W; thence east to
32 deg. 04' 45'' N, 81 deg. 04' 44'' W; thence west to
32 deg. 04' 49'' N, 81 deg. 05' 05'' W.
This zone includes all waters within the above noted area in the
Savannah River from shore to shore. This zone is extended an additional
500 yards to the west for opening (July 20, 1996) and closing
ceremonies (August 2, 1996) as well as the award ceremonies (July 29,
1996).
(2) Olympic Marina; Wilmington River and Turner Creek. The safety/
security zone is in the following area for the Olympic Village: On the
Wilmington River Commencing at position:
32 deg. 00' 41'' N, 81 deg. 00' 16'' W; thence west 200 yards to
32 deg. 00' 34'' N, 81 deg. 00' 22'' W; then southerly to
32 deg. 00' 13'' N, 81 deg. 00' 12'' W; then east to the shore of
Wilmington Island. Shoreside to the entrance of Turner Creek.
The eastern boundary of this zone is established in the following
position:
32 deg. 00' 32'' N, 80 deg. 59' 55'' W; thence north to
32 deg. 00' 37'' N, 80 deg. 59' 53'' W.
(3) Wilmington River and Tybee Cut. A moving safety/security zone
is in the following areas:
All waters within a 75 yard radius around all Olympic athlete
shuttle vessels with Olympic athletes and officials onboard. These
vessels will be transiting the Wilmington River in the area between the
Olympic Marina at position:
32 deg. 00' 34'' N, 80 deg. 59' 55'' W; thence southeast via the
Wilmington River and Tybee Cut to,
31 deg. 56' 40'' N, 80 deg. 55' 46'' W; the Olympic Day Marina.
(4) Tybee Cut/Half Moon River. This safety/security zone closes
Tybee Cut and the eastern approach to the Half Moon River to all
unaffiliated vessels, at the following positions:
(i) Tybee Cut from shore to shore across the entrance at position:
31 deg. 57' 06'' N, 80 deg. 59' 09'' W.
(ii) Half Moon River (west) extending from shore to shore from
position:
31 deg. 58' 15'' N, 80 deg. 57' 46'' W; northeast to
31 deg. 58' 16'' N, 80 deg. 57' 36'' W.
(iii) Half Moon River (east) extending from shore to shore from
position:
31 deg. 57' 42'' N, 80 deg. 57' 05'' W; thence northerly to
31 deg. 57' 53'' N, 80 deg. 57' 00'' W.
This zone includes all of Tybee Cut.
(5) Tybee Cut/Bull River/Half Moon River. This safety/security zone
closes Tybee Cut, the southern entrance to the Bull River, and the
eastern approach to the Half Moon River to all unaffiliated vessels, at
the following positions:
(i) Tybee Cut from shore to shore across the entrance at position:
31 deg. 57' 06'' N, 80 deg. 59' 09'' W.
(ii) Half Moon River extending from shore to shore from position:
31 deg. 58' 15'' N, 80 deg. 57' 46'' W; northeast to
31 deg. 58' 16'' N, 80 deg. 57' 36'' W.
(iii) Primary Bull River the southern most tip of Wilmington Island
at position:
31 deg. 57' 50'' N, 80 deg. 56' 55'' W; east to Little Tybee Island
31 deg. 57' 35'' N, 80 deg. 55' 55'' W.
Alternate Bull River from the northeastern most point of Cabbage
Island at position:
31 deg. 57' 35'' N, 80 deg. 56' 55'' W; east to Little Tybee Island
31 deg. 57' 35'' N, 80 deg. 55' 55'' W.
This zone includes all of Tybee Cut and establishes the
northwestern boundary of the Atlantic safety/security zone described in
paragraph (a)(6).
(6) Day Marina/Wassaw Sound. This safety/security zone extends in a
radius of 200 yards around the Olympic Day Marina located in
approximate position 32 deg. 56' 40'' N, 81 deg. 55' 52'' W.
(7) Atlantic Ocean and Wassaw Sound. The following areas are a
safety/security zone:
(i) from a position in Wassaw Sound at:
31 deg. 57' 32'' N, 80 deg. 56' 31'' W; thence east to Little Tybee
Island, at 31 deg. 57' 30'' N, 80 deg. 51' 45'' W following the
southern shoreline of Little Tybee Island to 31 deg. 58' 16'' N,
80 deg. 51' 45'' W thence southeast.
31 deg. 58' 00'' N, 80 deg. 50' 48'' W; thence southeast
31 deg. 57 ' 45'' N, 80 deg. 50' 08'' W; thence southeast
31 deg. 57' 27'' N, 80 deg. 49' 21'' W; thence south
31 deg. 56' 21'' N, 80 deg. 48' 48'' W; thence southwest to
31 deg. 55' 34'' N, 80 deg. 49' 11'' W; thence southwest to
31 deg. 54' 45'' N, 80 deg. 49' 34'' W; thence
[[Page 18957]]
southwest to
31 deg. 53' 58'' N, 80 deg. 49' 55'' W; thence southwest to
31 deg. 53' 09'' N, 80 deg. 50' 19'' W; thence west to
31 deg. 52' 45'' N, 80 deg. 52' 00'' W; thence northwest to
31 deg. 53' 06'' N, 80 deg. 52' 30'' W; thence northwest to
31 deg. 53' 36'' N, 80 deg. 53' 15'' W; thence northwest to
31 deg. 54' 32'' N, 80 deg. 54' 27'' W; thence northwest to
31 deg. 54' 48'' N, 80 deg. 54' 55'' W; thence west to
31 deg. 55' 02'' N, 80 deg. 56' 20'' W; thence to a curved line
following the outer edge of Race Course Circle A northwest to 31 deg.
56' 11'' N, 80 deg. 58' 14'' W; east northeast to Cabbage Patch Island
at position 31 deg. 56' 18'' N, 80 deg. 58' 04'' W following the
southern shoreline of Cabbage Patch Island to 31 deg. 57' 30'' N,
80 deg. 56' 57'' W thence east to 31 deg. 57' 32'' N, 80 deg. 56' 31''
W. (ii) In Wassaw Sound from the southern tip of Wilmington Island at
the junction of the Half Moon and Bull Rivers at position:
31 deg. 57' 47'' N, 80 deg. 56' 25'' W; thence southeast to
31 deg. 57' 33'' N, 80 deg. 55' 55'' W; thence south including all
the waters of Wassaw Sound.
(b) Definitions.
(1) Unaffiliated vessels. All vessels that are not registered with
the Atlanta Committee on the Olympic Games (ACOG) or designated as an
Official Vessel by the Coast Guard Captain of the Port are unaffiliated
vessels.
(2) The ACOG vessels. All vessels that are registered with the
ACOG.
(3) Olympic athlete shuttle vessels. The ACOG vessels ferrying
Olympic athletes between the Olympic Marina and the Day Marina.
(4) Participant. Any competition vessel or vessel directly
supporting competition that is registered with the ACOG while in
performance of its official function relative to a given race.
(5) Competition Vessels. Any vessel approved and designated by the
ACOG for participation in sanctioned racing.
(6) Official Vessels. Official Vessels are all U.S. Coast Guard,
U.S. Coast Guard Auxiliary, state and local law enforcement, and
civilian vessels designated by the Coast Guard Captain of the Port.
(7) Captain of the Port. A Captain of the Port has been designated
by the Commander, Seventh Coast Guard District. The Captain of the Port
has the authority to control the movement of all vessels operating in
the regulated areas and may suspend the races at any time it is deemed
necessary for the protection of life and property.
Note: The Captain of the Port may be contacted during the
regulatory periods on VHF/FM Channel 16 (156.8 MHZ) or Channel 22
(157.1 MHZ) by calling ``Coast Guard Captain of the Port'' or
``Coast Guard Marine Safety Office Savannah''.
(8) Coast Guard Vessels. Any Coast Guard vessel or other vessel
with a Coast Guard representative onboard.
(c) Effective dates.
(1) Marriott Hotel/Olympic Village. The safety/security zone is
effective from 8 a.m. EDT July 6, 1996, and terminates at 12 p.m. EDT
August 4, 1996. From 7:30 p.m. until 10:30 p.m. EDT on July 20, July
29, and August 2, 1996 the zone is extended 500 yards west for the
opening, medals, and closing ceremonies.
(2) Olympic Marina; Wilmington River and Turner Creek. This safety/
security zone is effective from 8 a.m. EDT July 6, 1996, and terminates
at 7 p.m. EDT August 2, 1996.
(3) Wilmington River/Tybee Cut. This moving safety/security zone is
effective from 8 a.m. to 7 p.m. EDT daily from July 6, 1996 until
August 2, 1996.
(4) Tybee Cut/Half Moon River. This safety/security zone is
effective between 8 a.m. and 7 p.m. EDT daily from July 6, 1996 until
July 18, 1996. The Captain of the Port may authorize access to Tybee
Cut and Half Moon River between approximately 1 p.m. and 2 p.m. EDT
daily.
(5) Tybee Cut/Bull River/High Moon River. This safety/security zone
is effective between 8 a.m. and 7 p.m. EDT daily from July 19, 1996
until August 2, 1996. The alternate Bull River position granting access
to Tybee Cut and Half Moon River is effective between approximately 1
p.m. and 2 p.m. EDT daily, unless otherwise published by the Captain of
the Port in the Local Notice to Mariners.
(6) Day Marina/Wassaw Sound. This safety/security zone is effective
from 8 a.m. EDT July 6, 1996 to 7 p.m. EDT August 2, 1996.
(7) Atlantic Ocean and Wassaw Sound. This safety/security zone is
effective between the hours of 10 a.m. and 7 p.m. EDT daily, commencing
July 19, 1996 to August 2, 1996 on each race date.
The Captain of the Port may elect not to implement the regulations
on those race dates when the races are postponed or canceled;
announcement to that effect will be made by Broadcast Notice to
Mariners.
(d) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 and
Sec. 165.33 of this part, entry into the zones established by this
regulation is prohibited unless authorized by the Captain of the Port
or a Coast Guard commissioned, warrant, or petty officer designated by
him. Section 165.33 also contains other general requirements.
(2) For the Atlantic Ocean/Wassaw Sound security/safety zone,
described in (a)(7), on those waters within the Olympic offshore race
venue which fall within the navigable waters of the United States,
i.e., those waters within three nautical miles of the baseline from
which the territorial sea is measured, the following regulations apply:
(i) Unaffiliated vessels shall remain outside the course perimeter,
as marked by the ACOG vessels and Official Vessels.
(ii) All vessels shall follow the instructions of any Coast Guard,
Coast Guard Auxiliary or state law enforcement vessels.
Note: The regulations specified in paragraph (d)(2) apply only
within the navigable waters of the United States. In all waters
within the Olympic offshore race venue which fall outside the
navigable waters of the United States, during the specified dates
and times, the following nonobligatory guidelines apply:
(A) All unaffiliated vessels should remain clear of the race venue
and avoid interfering with any participant, the ACOG or Official
Vessel. Interference with race activities may constitute a safety
hazard warranting cancellation or termination of all or part of the
race activities by the Captain of the Port.
(B) Any unauthorized entry within the race course perimeter, as
marked by the ACOG and Official Vessels, by unaffiliated vessels
constitutes a risk to the safety of marine traffic. Such entry will
constitute a factor to be considered in determining whether a person
has operated a vessel in a negligent manner in violation of 46 U.S.C.
2302.
3. A new temporary Sec. 165.T07-077 is added to read as follows:
Sec. 165.T07-077 Safety Zone: Savannah River, Savannah, GA.
(a) Location. The following area is a moving safety zone: All
waters within a 75 yard radius around the vessel that carries the
Olympic torch to the Savannah waterfront. The exact route of the vessel
carrying the torch will be announced via Broadcast Notice to Mariners
before the zone is in effect. The zone commences either, on the
Savannah River in the vicinity of Coast Guard Station Tybee
(approximate position of 32 deg. 02' 10'' N, 80 deg. 54' 16'' W) and
continue west up river to the Highway 17A bridge (Talmadge bridge)
(approximate position 32 deg. 05' 13'' N, 81 deg.
[[Page 18958]]
05' 47'' W), or at the mouth of the Wilmington River and proceed to the
Savannah River via the Intracoastal Waterway (ICW) and thence westerly
to the Highway 17A bridge. All coordinates referenced use Datum: NAD
1983.
(b) Effective date. This section is effective at 6 p.m. and expires
at 10 p.m. EDT on July 9, 1996, unless terminated sooner by the Captain
of the Port, Savannah, GA.
(c) Regulations. In accordance with the general regulations in
Section 165.23 of this part, entry into the zone is subject to the
following requirements:
(1) This safety zone is closed to all marine traffic, except as may
be permitted by the Captain of the Port or his representative.
(2) The ``representative of the Captain of the Port'' is any Coast
Guard commissioned, warrant or petty officer who has been designated by
the Captain of the Port, Savannah, GA, to act on his behalf regardless
of the support platform.
(3) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port or his representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone shall comply with all directions given
them by the Captain of the Port or his Representative.
(4) The Captain of the Port may be contacted by telephone via the
Command Duty Officer at (912) 652-4353. Vessels assisting in the
enforcement of the safety zone may be contacted on VHF-FM channels 16
or 81, or vessel operators may determine the restrictions in effect for
the safety zone by coming alongside a vessel patrolling the perimeter
of the safety zone.
(5) The Captain of the Port will issue a Marine Safety Information
Broadcast Notice to Mariners to notify the maritime community of the
safety zone and restrictions imposed. Coast Guard vessels enforcing the
zones will have informational handouts. Information will also be
available at local marinas.
4. A new temporary Sec. 165.T07-078 is added to read as follows:
Sec. 165.T07-078 Safety Zone: Savannah River, Savannah, GA.
(a) Location. The following area is a safety zone: All waters
within a 50 yards radius around a fireworks barge in the vicinity of
Rousakis Plaza, Savannah River, Savannah, GA at an approximate position
of 32 deg.04'.55 N, 81 deg.05'.27 W. All coordinates referenced use
Datum: NAD 1983. The Savannah River will be closed to all vessel
transits, during the actual fireworks display.
(b) Effective date. This section is effective at 9:15 p.m. and
expires at 11 p.m. EDT on July 4, 1996, unless terminated sooner by the
Captain of the Port, Savannah, GA.
(c) Regulations. In accordance with the general regulations in
Section 165.23 of this part, entry into the zone is subject to the
following requirements:
(1) This safety zone is closed to all marine traffic, except as may
be permitted by the Captain of the Port or his representative.
(2) The ``representative of the Captain of the Port'' is any Coast
Guard commissioned, warrant or petty officer who has been designated by
the Captain of the Port, Savannah, GA, to act on his behalf regardless
of the support platform.
(3) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port or his representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone shall comply with all directions given
them by the Captain of the Port or his representative.
(4) The Captain of the Port may be contacted by telephone via the
Command Duty Officer at (912) 652-4353. Vessels assisting in the
enforcement of the safety zone may be contacted on VHF-FM channels 16
or 81, or vessel operators may determine the restrictions in effect for
the safety zone by coming alongside a vessel patrolling the perimeter
of the safety zone.
(5) The Captain of the Port will issue a Marine Safety Information
Broadcast Notice to Mariners to notify the maritime community of the
safety zone and restrictions imposed. Coast Guard vessels enforcing the
zones will have informational handouts. Information will also be
available at local marinas.
Dated: April 23, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 96-10556 Filed 4-29-96; 8:45 am]
BILLING CODE 4910-14-M
